Screening franchise organizations
Ludwig & Van Dam franchise attorneys has extensive experience in all legal areas within franchising. In that context, the office is repeatedly instructed by franchisors to screen the entire franchise organization on all legal aspects of franchising. Other than legal aspects are also extensively discussed.
In the context of an assessment of the franchise organization, the franchise agreements are of course carefully studied and tested against the relevant laws and regulations. Any future laws and regulations will also be included in the assessment. In addition, it is examined whether the concluded franchise agreement has been concluded in a manner prescribed by law.
In addition, other agreements may be important, such as a rental agreement. It can also be checked whether the (sub)lease agreements have been correctly integrated and linked to the franchise agreements. The link between the two agreements is therefore assessed and, if necessary, Ludwig & Van Dam franchise attorneys can establish the link in the correct manner.
For the rest, it is of course examined whether the franchise organization generally complies with the relevant laws and regulations. This should include competition laws and regulations at both national and European level. If there are any deviating circumstances within the franchise organization or provisions in the franchise agreement that conflict with the applicable regulations, it is sometimes possible to submit the matter for informal review to the relevant body, in particular the Netherlands Competition Authority. In this way, some certainty can be obtained about the possibility of maintaining the deviating provisions, or it is possible to implement the necessary changes in the agreement or the organization.
As a result of the assessment, the franchise organization receives a full analysis of the agreements studied and the organization in general. If desired, a step-by-step plan will then be drawn up in consultation with the franchise organization on the basis of which any changes or improvements proposed by Ludwig & Van Dam franchise attorneys can be implemented.